[HISTORY: Adopted by the Board of Supervisors
of the Township of Birmingham 3-6-2000 by Ord. No. 00-02. Amendments noted where applicable.]
Due to the increasing density of population
and development in the Township, the Board finds that it is necessary
to regulate the use of firearms in the Township and to prohibit unauthorized
discharge of the same in order to protect the health, safety and welfare
of the residents and visitors of the Township.
For the purposes of this chapter, the following
definitions shall apply:
Any weapon which discharges a projectile by means of gunpowder,
air pressure or any other explosive force.
The discharge or release of a projectile, whether bullets,
slugs, pellets or a pointed arrow, discharged from any weapon.
A place for shooting weapons, having a natural or artificial
barrier of sufficient size and density to stop any projectile fired
into it and which is approved and designated of record by the Birmingham
Township Chief of Police as a target range.
Any shotgun, rifle, automatic weapon, pistol, revolver, airgun,
air pistol, pellet gun, paint pellet gun, BB gun, spring gun, bow
used to propel a pointed arrow, any implement that is not a firearm
but which impels a pellet of any kind with a force that can reasonably
be expected to cause bodily harm, or any weapon similar to any of
the foregoing of whatever caliber or type.
A.
The use of firearms is permitted when employed by
any duly appointed law officer in the course of his/her official duty.
B.
The use of firearms is permitted when necessary for
the preservation of human life, as authorized in the Pennsylvania
Crimes Code.
C.
The use of weapons is permitted when hunting in conformity
with the Game Law[1] of the Commonwealth of Pennsylvania and any and all regulations
promulgated thereunder, all other applicable laws of the commonwealth
and the ordinances of this Township; provided, however, that no person
shall hunt upon or discharge any weapon upon the land of another unless
such person has on his or her person a certification signed and dated
by the landowner or lessor of the land, certifying that the bearer
of the certification has been instructed by the owner or lessor concerning
the topography, traffic conditions and natural and artificial hazards,
if any, existing upon his land and the location of all buildings and
structures on and within 150 feet of the property and stating that
such person, identified by name and current hunting license number,
has been granted permission to hunt upon the land. The date of the
certification must be a date within the period for which the license
is valid.
[1]
Editor's Note: See 34 Pa.C.S.A. § 101
et seq.
D.
The use of firearms shall be allowed on target ranges,
indoor or outdoor, under the supervision of the owner or occupant
of that land or his or her duly appointed representative, provided
that:
(1)
All target ranges shall be constructed and operated
in a safe and prudent manner. If standards, regulations or recommended
procedures for operation are established or promulgated by any recognized
body, such as the National Rifle Association or the American Trap
Shooting Association, then such standards, regulations or procedures
shall be adhered to.
(2)
Such range is registered as such with the Township
by the owner or occupant of the land on which the range is located,
which registration shall specify the area or areas designated for
target range purposes.
The careless, reckless or improper use of any weapon which tends to imperil or cause danger or harm to personal security or to endanger the person or the property of any person within Birmingham Township is prohibited. Any such careless, reckless or improper use shall constitute a violation of this chapter and subject the violator to the penalty provisions of § 55-7.
Legible signs giving public notice of the essential
provisions of this chapter may be posted at or near the public highways
at the boundaries of Birmingham Township; provided, however, that
it shall not be a defense to any prosecution for violation of this
chapter that the violator did not see or understand any such sign
or that any such sign did not contain sufficient description of the
provisions of this chapter to adequately warn the violator.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who violates or permits a violation
of this chapter shall, upon conviction in a summary proceeding brought
before a Magisterial District Judge under the Pennsylvania Rules of
Criminal Procedure, be guilty of a summary offense and shall be punishable
by a fine of not more than $1,000, plus costs of prosecution. In default
of payment thereof, the defendant may be sentenced to imprisonment
for a term not exceeding 90 days. Each day or portion thereof that
such violation continues or is permitted to continue shall constitute
a separate offense, and each section of this chapter that is violated
shall also constitute a separate offense.
